Prendergast v. McNally
Appellate Court of Illinois
Mechanic’s Lien Proceedings.—Trial in the Circuit Court of Cook County; the Hon. Oliver H, Horton, Judge, presiding. Hearing and decree for defendants; complainants appeal.
1Opinion of the CourtJustice Windes
Appellees have moved to strike this cáse from the docket, because they claim a part of the record was not properly certified. The motion is inapt, and is denied. The proper motion would have been to strike from the record that portion which was claimed not to have been properly certified.
Appellees also claim that as Prendergast, Eilenberger and Burkhardt & Son were defaulted and the bill taken as confessed as to them in the foreclosure case in the Superior Court, and as Horton failed to make any proof in that court, and did not except to the Superior Court master’s findings, that even if…
2Cases cited15 opinions
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Campbell v. JacobsonIllinois Supreme Court · 1893
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Hayes v. HammondIllinois Supreme Court · 1896
- Millius v. ShaferNew York Supreme Court · 1846
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3Cited by1 opinion
- Mohler v. GrangeAppellate Court of Illinois · 1908